For the purpose of promoting public health,
safety, morals and general welfare of the Town of Henlopen Acres,
the following regulations and/or restrictions for the districts, together
with the Zoning Map hereto attached and made a part hereof, are hereby
approved, adopted and enacted.
From and after the date of the final adoption
of this chapter, in the manner required by law, the use of all land
and any building or portion of a building erected, altered with respect
to lot size and area, added to or relocated, and every use within
a building or use accessory thereto, in any district, shall be in
compliance with the provisions of this chapter.
This chapter shall be known as the "Henlopen
Acres Zoning Ordinance" and the Zoning Map hereto attached as "Town
of Henlopen Acres Zoning Map."
A.
Word usage. Words used in the singular number include
the plural and words used in the plural number include the singular;
the word "building" includes the word "structure."
B.
ACCESSORY BUILDING OR USE
(1)
(2)
(3)
ATTACHED
BLOCK
BOARD OF ADJUSTMENT
BUILDING
BUILDING AREA
BUILDING LINE
BUILDING SETBACK LINE
COMMISSIONERS
CONSTRUCTION
DISTRICT
DRIVEWAY
EASEMENTS OR BRIDLE PATHS
ENVIRONMENTAL APPROVAL COMMITTEE
FAMILY
FENCE
FIREBREAKS
FLOOR AREA
(1)
(2)
(3)
FRONT YARD
HEIGHT
(1)
(2)
(3)
HENLOPEN ACRES, INC.
LOT
LOT AREA
NONCONFORMING PROPERTY
NONCONFORMING USE
NONPROFIT ORGANIZATION
OCCUPANCY CERTIFICATE
PARKING LOT
PRIVATE GARAGE
REAR YARD
SATELLITE ANTENNA
SIDE YARD
SINGLE-FAMILY DETACHED DWELLING
SPECIAL EXCEPTION
STREET LINE
STRUCTURE
SWIMMING POOL
TOWN MANAGER
TOWN OF HENLOPEN ACRES
UNDER ROOF
UNINHABITABLE ATTIC
UNINHABITABLE BASEMENT
UNOBSTRUCTED
VARIANCE
ZONING CERTIFICATE
ZONING CHAPTER or THIS CHAPTER
ZONING MAP
Unless otherwise expressly stated, the following words
shall, for the purpose of this chapter, have the meaning herein indicated:
A building or use customarily incidental or subordinate to,
accessory to and attached to the principal building or use and located
on the same lot as the principal use; provided, however, that any
accessory building shall not exceed the following size and height
restrictions and that any accessory building or use shall not have
any of the following facilities:
[Added 10-12-2001]
The size of the accessory building shall not
exceed 900 square feet and 24 feet in height and shall not exceed
one story; other accessory structures shall not exceed 48 square feet.
[1]Toilet rooms, including a toilet or commode, bidet, shower,
tub unit or any other similar facility, are prohibited, except that
any accessory building may have one sink with running water.
Sleeping facilities, including, but not limited
to, beds, sleep sofas, hammocks or any other sleeping apparatus which
is or could be used for sleeping purposes, are prohibited unless stored
in such a manner so as not to be available for sleeping purposes.
The physical union of two otherwise independent structures
and shall require connection by a space enclosed by a roof, walls
and flooring.
[Added 10-12-2001]
Any given portion of lands and private ownership lying within
the corporate limits of the Town the outside boundary line of which
is defined, but in no way intersected, by the adjacent lines of any
given number of the public roads, avenues, streets, lanes, alleys,
ways, parks, beaches, strands, waterways, zoning districts or corporate
limits of the Town.
The officially established Board of Adjustment of the Town
of Henlopen Acres.
Any combination of materials forming a construction. The
term "building" shall include the term "structure" as well as the
following: signs, fences, walls, radio and television antennas, porches,
carports, bins and other similar structures.
[Added 4-10-1998]
The aggregate of the maximum horizontal cross-section areas
of the building on a lot, excluding cornices, eaves, gutters or chimneys
projecting not more than 18 inches.
An imaginary line separating the required front, rear and
side yards from the remainder of a lot within which buildings shall
be confined.
The building line of the main front yard and designated as
the distance from the point of property line to the front building
line.
[Amended 10-8-2021]
The Mayor and Commissioners of the Town of Henlopen Acres.
[Amended 8-30-1999]
Includes but is not limited to the following activities:
work in preparation for, participation in or cleaning up from installation
of infrastructure, improvements or new structures; renovations to,
repairs of, alterations to, modification to or demolition of structures;
installation of or removal of trees or other landscaping; installing
antennas, cable television, electric, water, sewer or other utilities;
cleaning with power tools, furnishing, delivering, loading or unloading
of materials or equipment to be used in any of the above enumerated
or similar activities.
[Added 4-9-2010]
A portion of the incorporated territory of the Town of Henlopen
Acres within which certain zoning regulations and requirements or
various combinations thereof shall apply under this chapter.
An entrance or entrances to a property, used for ingress,
egress and parking of vehicles, each of which may extend no more than
20 feet in width on a Town right-of-way.
[Added 10-8-2021]
Those locations, 10 feet in width, delineated on the survey
map of Henlopen Acres as "Holly Walk," "Green Way," "Gypsy Lane,"
"Indian Trail," "Fox Run," "Willow Bend," "Point O' Woods," "Beach
Pass," "Bayberry Path," "Bright Water Ride" and "Pines End" which
are to be used for the erection, construction and maintenance of utilities
and for other use, except by written permission of the Town of Henlopen
Acres, and for no other use, except by written permission of the Town
of Henlopen Acres, and which shall remain clear of obstructions, plantings
or trash and used for removal of trash, brush, etc., and maintenance
of such easement area for access to utilities thereon.
[Amended 7-9-1999 by Ord. No. 99-1; 8-30-1999]
The Environmental Approval Committee appointed by the Mayor
composed of three members, confirmed by a majority of all the Commissioners
of the Town of Henlopen Acres. All members of this Committee shall
be property owners but none shall be a Commissioner. All appointments
shall be for a period of three years, provided that the terms of the
original members shall be established in such a manner that the term
of at least one member shall expire each year, and the successor shall
be appointed for a term of three years.
[Amended 5-4-1974; 2-14-1998]
A single person occupying a dwelling unit and maintaining
a household, or two or more persons related by blood, marriage or
adoption occupying a dwelling unit, living together as a social unit
and maintaining a common household, or not more than three persons
unrelated by blood, marriage or adoption living together as a social
unit and maintaining a common household.
[Amended 10-13-1995; 4-8-2022]
A barrier, railing, or other upright structure, enclosing
an area of ground to mark boundary, control access, or prevent escape.
[Added 10-8-2021]
Those parcels of land reserved as firebreaks and property
of the Town of Henlopen Acres, such parcels being designated on the
Survey Map of Henlopen Acres as 20 feet wide between Lots A 5 and
A 6, between Lots B 4 and C 1, and between Lots E 10 and H 1; and
also designated as 10 feet wide between Lots A 9 and B 5 and between
Lot H 14 and Block Q; and also designated as 25 feet wide between
Lots R 4 and R 5; and also designated as 50 feet wide between Lots
L 5 and M I and noted "Green Gate"; and also the area designated as
having a varying width to a minimum of 77 feet adjoining the rear
of lots in Block R and Block S and extending from Blocks R and S northerly
to the common property line of the Town of Henlopen Acres and the
North Shores Subdivision, which area is designated "Sandy Bottoms."
Such areas shall remain clear of any obstructions, and no plantings,
trees or shrubs which would contribute to a fire shall be placed therein,
and no other use thereof shall be made without the written consent
of the Town of Henlopen Acres first being had and obtained and no
other use thereof shall be made without the written consent of the
Town of Henlopen Acres first being had and obtained.
[Amended 7-9-1999 by Ord. No. 99-1; 8-30-1999]
The sum of the total horizontal areas of every floor of every
building on a lot. The measurement of gross floor area shall be computed
by applying the following criteria:
[Added 1-14-2005]
The horizontal square footage is measured from
the outside face of all exterior walls.
Except upper floor areas in open atriums, no
deduction shall apply for horizontal areas void of actual floor space,
for example, elevator shafts and stairwells.
All parking structures count toward floor area
unless specifically exempted by other sections of this chapter.[2]
The required open space unoccupied and unobstructed extending
the full width of the lot between any part of the building and the
property line[3].
[Amended 1-11-2013; 10-8-2021]
The vertical distance of a building measured from a point
where the center line of a building to be erected intersects with
the center line of the street on which the building will face to the
highest point of the highest roof; provided, however:
[Amended 10-12-2001; 7-13-2007; 10-12-2007]
Such vertical distance of a building, within the floodplain area as described in Chapter 71[4] of the Code, shall be measured from a point where the
center line of a building to be erected intersects with a point three
feet above the base flood elevation at the building site to the highest
point of the highest roof.
Any roof shall have a minimum pitch of five
inches of vertical rise for each 12 inches of horizontal run to the
ridge of the greatest height of the roof, and it is further provided
that architectural elements such as dormers, porte-cochere, entranceways,
and porch roofs may have a pitch less than the minimum required so
long as none or combination of these comprise the majority of the
structure’s roof surface. Roof surface is determined by the
coverage of the roof as projected on the ground in square feet.
Chimneys shall not exceed five feet over such
designated heights.
A corporation and initial owner of lots included in the Town
of Henlopen Acres. Henlopen Acres, Inc., is a party to all original
deeds of lots, except for United States Government land in the Town.
A parcel of land with or without a building, recorded on
the Survey Map of Henlopen Acres as one unit of land.
The area of a parcel of land. The total area of a horizontal
plane between the boundary lines, expressed in square feet, as determined
by recorded documents on file with the Sussex County Recorder of Deeds.
[Amended 10-8-2021]
An existing building, structure, accessory or parcel of land,
or any combination thereof, lawfully existing prior to adoption, revision
or amendment of this chapter, which does not conform to the provisions
of this chapter for the district in which said property is located
by reason of such adoption, revision or amendment. Residential structures
which received approval and began construction or were completed prior
to October 15, 1968, are legal nonconforming structures; residential
structures built between October 15, 1968, and April 12, 1974, are
legal nonconforming structures if they meet the then-existing Sussex
County yard setbacks as follows: front yard, 30 feet from right-of-way
line of the road on which the structure fronts; side yard, 10 feet;
rear yard, 15 feet; and that accessory buildings located at least
100 feet back from the front line may be located within not less than
five feet of the side lot line.
[Amended 7-9-1999 by Ord. No. 99-1; 8-30-1999; 7-14-2000]
A use lawfully existing prior to the adoption, revision or
amendment of this chapter which does not conform to the provision
of this chapter for the district in which said use is located, by
reason of such adoption, revision or amendment.
[Amended 7-9-1999 by Ord. No. 99-1; 8-30-1999]
Any nonprofit organization registered as such and in good
standing with the Internal Revenue Service engaging in civic or community
services.
[Amended 10-8-2021]
Written statement issued by the Office of Zoning Administration
authorizing the occupancy of a property.
7-11-2008]
A lot or portion thereof used for parking of passenger automobiles
and which, in the R-Residential District, does not exceed the garage
storage capacity or for a maximum of three vehicles in lieu of garage,
all plus a no more than twenty-foot width for a driveway on a Town
right-of-way.
[Amended 10-8-2021]
A building attached to the dwelling for the storage of not
more than three automobile passenger cars.
The required open space unoccupied and unobstructed extending
along the rear lot line (and not street line) through the whole width
of the lot, the depth of which shall be measured from the rear lot
line, exclusive of any easement or bridle path, and the closest point
of the nearest principal or accessory building.
[Amended 10-14-2005]
A parabolic dish antenna, including its structural supports,
used by consumers for home reception of audio or video signals, or
both, directly or indirectly, from a transmitter or a transmitter
relay located in planetary orbit.
[Added 7-9-1999 by Ord. No. 99-1; amended 8-30-1999]
The required open space unoccupied and unobstructed between
any part of the building and the side lot line and extending through
the whole depth of the lot.
A building designed for and occupied exclusively as a residence
for only one family and having no party wall in common with an adjacent
building and no part of such building was formerly used for a cabin,
railroad car, trailer, mobile home or house boat. The design shall
permit free movement to all parts of the dwelling by doorways, halls
and open stairways. Outside stairs to floors above the ground floor
will not be permitted.
The permission or approval granted by the Board of Adjustment
in situations or conditions where provisions therefor are made by
the terms of this chapter.
The line of dedication in the case of a dedicated street,
avenue, lane or alley of the Town and which street line marks the
boundary line between the dedicated street and the bordering lot.
The distance between street lines designating the dedicated street
is 70 feet for all streets except Fields End which is 60 feet wide
and Tidewaters adjoining Lots A 1 to 5 which, width varies to 25 feet.
Any thing constructed, erected upon or attached to, on or
below the ground, including but not limited to the following: dams,
docks, fences, walls, principal buildings, accessory buildings, dish
or satellite antennas, footings, basements, framing, piling and foundations.
[Added 4-10-1998]
Any portable pool or permanent structure containing a body
of water 18 inches or more in depth area intended for recreational
purposes, including a wading pool, but not including an ornamental
reflecting pool or a fish pond or other type of pool located and designed
so as to not create a hazard or be used for swimming or wading.
[Added 10-14-2005; amended 10-8-2021]
A person appointed by the Commissioners of the Town of Henlopen
Acres as the Town Manager, or such other persons designated by the
Commissioners to act on his/her behalf.
[Amended 7-11-2008]
A municipality in Sussex County, Delaware, as incorporated
under the Laws of Delaware Volume 57, Chapter 504, approved June 4,
1970.[5]
All areas including, but not limited to, areas covered by
a traditional roof with or without pitch or slope and areas whether
or not enclosed by walls under cover of a deck or structure above
that has been finished to protect the area below from weather. It
shall not include areas subject to weather due to a permeable deck
or structure above, or any unimproved area.
[Added 10-12-2012]
The area between roof framing and the ceiling of the rooms
below, and that is not habitable but may be reached by ladder or pull-down
stairs/ladder.
[Amended 7-11-2008]
The area of a building that is partially or completely below
ground where the vertical measurement from the basement floor to the
bottom of the first-floor joists does not exceed 6 1/2 feet and where
the bottom of the first-floor joists is not at a height of more than
three feet as measured from a point where the center line of the building
to be erected intersects with the center line of the street on which
the building will front.
[Added 10-10-2008]
Clear and free from obstructions or obstacles, excluding
trees, shrubs, planted vegetation, driveways and sidewalks placed
at grade, and heating and air-conditioning equipment placed within
three feet of the main building structure.
[Added 10-8-2021]
An authorization to deviate from the terms of this chapter
where such variance will not be contrary to the public interest and
where, owing to conditions peculiar to the property and not the result
of actions of the applicant, a literal enforcement of the chapter
would result in unnecessary and undue hardship.
Written statement issued by the Office of Zoning Administration,
authorizing zoning sufficiency prior to the construction or alteration
of buildings or structures. This term is synonymous with the term
"building permit."
[Amended 7-11-2008; 10-8-2021]
The official Zoning Ordinance of the Town of Henlopen Acres
adopted by the Commissioners, together with maps and all amendments
thereto.[6]
[Amended 7-9-1999 by Ord. No. 99-1; 8-30-1999]
The official zoning map of the Town of Henlopen Acres adopted
by the President and Commissioners, together with all amendments thereto.
[1]
Editor’s Note: Former Subsection B(2), regarding cooking
facilities, was repealed 10-13-2017. This ordinance also renumbered
former Subsection B(3) and (4) as Subsection B(2) and (3), respectively.
[2]
Editor's Note: The former definition of “floor area
ratio,” which immediately followed, was repealed 10-8-2021.
[3]
Editor's Note: The former definition of "group rental," which
immediately followed, was repealed 4-8-2022.
[5]
Editor's Note: See the Charter included at
the beginning of this volume.
[6]
Editor's Note: The former definition of "Zoning
Inspector," which immediately followed this definition, was repealed
7-11-2008.
